K1 VISA AND TWO YEAR HOME RESIDENCY RULE

[Brasil123 0]

First of all I want to say Hi to everyone. I've lurked on these forums for a while, however this is my first time posting.

My fiancé and I started the K1 process back in February. Our NOA1 was sent on february 24th, 2010. The last touch on our process dates 03/01/2010. It has been 5 months and about 10 days and we know nothing! We haven't even gotten any RFE or anything.

In 2007 (through 2008) I was an exchange student at a university in the United States, considering I had a scholarship from my county's government I am subject to the 2 year home residency rule (in which, you have to be physically present at your home country for at least two years before applying for any immigrant or K visa). Those two years were up in the end of july/beginning of august (from my calculations. I could be a few days off). Does anyone know if they simply cannot approve this visa before the 2 years are up, or why is it taking so long? Cause I mean, even if VSC approves it, they know there's still some time to go before the actual visa is granted.

I'm confused, and hopeless. Does anyone have an insight, similar experience to share, or any significant knowledge regarding this situation?

And also, can we call VSC and inquire about our case? We have tried calling, but it seems as though it's impossible to reach someone and the only info they provide is what we already know from the website: INITIAL REVIEW.

Thank you!

Edited August 5, 2010 by Gabrielaa

[canadian_wife 1,791]

Any issues regarding the home residency requirement would come up at the interview. USCIS simply appoves you to apply for the visa, not applying for the actual visa (which is what you do at the consulate)

VSC cannot tell you any more than what is on the webiste (initial review), try consulting your congressman/senator

Good luck

[Brasil123 0]

Thank you so much for your reply.

That's good to know. The 2 year home residency rule has nothing to do with the delay in their approval.

I have seen so many people being approved that have applied at a later date than I have.. I just don't understand why this is taking this long.

Does anyone know the reasons as to why this would take 5+ months, while people are being approved in as little as 2-3 months?

Edited August 6, 2010 by Gabrielaa

[canadian_wife 1,791]

When you go to Walmart, you get all your stuff together in your cart and you move to the front of the store. You see a long line of checkout lines with people lining up to check out. You look around and pick your line and begin to wait. You look left and see people moving through the line quickly. Maybe they have a super fast cashier, or maybe fewer items than you. You look right and that line is longer than yours. Then you look to the cashier and you see an old woman paying in dimes with a gazillion coupons and you realize, that of no fault of your own, your line is going to take forever.

This works the same way at USCIS. Somtimes you get a super fast adjudicator and sometimes you get one that has a million things to go through in the petition ahead of you.

Good luck

[Brasil123 0]

When you go to Walmart, you get all your stuff together in your cart and you move to the front of the store. You see a long line of checkout lines with people lining up to check out. You look around and pick your line and begin to wait. You look left and see people moving through the line quickly. Maybe they have a super fast cashier, or maybe fewer items than you. You look right and that line is longer than yours. Then you look to the cashier and you see an old woman paying in dimes with a gazillion coupons and you realize, that of no fault of your own, your line is going to take forever.

This works the same way at USCIS. Somtimes you get a super fast adjudicator and sometimes you get one that has a million things to go through in the petition ahead of you.

Good luck

hahahah I like the way you put it. It sucks nonetheless.

Thanks for taking time to reply!